Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/74

58 nexing a penalty to non-compliance, here I apprehend concience is no farther concerned, than by directing a ubmiion to the penalty, in cae of our breach of thoe laws: for otherwie the multitude of penal laws in a tate would not only be looked upon as an impolitic, but would alo be a very wicked thing; if every uch law were a nare for the concience of the ubject. But in thee caes the alternative is offered to every man; “either abtain from this, or ubmit to uch a penalty;” and his concience will be clear, whichever ide of the alternative he thinks proper to embrace. Thus, by the tatutes for preerving the game, a penalty is denounced againt every unqualified peron that kills a hare. Now this prohibitory law does not make the trangreion a moral offence: the only obligation in concience is to ubmit to the penalty if levied. now gone through the definition laid down of a municipal law; and have hewn that it is “a rule—of civil conduct—precribed—by the upreme power in a tate—commanding what is right, and prohibiting what is wrong:” in the explication of which I have endeavoured to interweave a few ueful principles, concerning the nature of civil government, and the obligation of human laws. Before I conclude this ection, it may not be amis to add a few obervations concerning the interpretation of laws. any doubt aroe upon the contruction of the Roman laws, the uage was to tate the cae to the emperor in writing, and take his opinion upon it. This was certainly a bad method of interpretation. To interrogate the legilature to decide particular diputes, is not only endles, but affords great room for partiality and oppreion. The anwers of the emperor were called his recripts, and thee had in ucceeding caes the force of perpetual laws; though they ought to be carefully ditinguihed, by every rational civilian, from thoe general contitutions, which had only the nature of things for their guide. The emperor Macrinus, as his hitorian Capitolinus informs us, had once reolved to